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How do I enforce CCJ if it is below £600


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Hi Everyone,

I hope someone can help, as my daughter is at a loss.

 

She was awarded a county court judgement by the small claims court against a Motor Dealer who sold her an unroadworthy car which had been clocked.

 

The award was for £1300 and a payment of £150 per month was set for the dealer to pay. He has paid 5 payments but still owes £558. He says he is bankrupt, but is still trading and lives in a house worth over £200,000. Am I right that we cannot do anything because the amount he owes is below £600. The court sent us leaflets, but I cannot find what to do next.

 

Help

Joan

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If he is bankrupt then you personally won't be able to take any enforcement action, you will be in line with the other creditors to get whatever is available from his assets. It seems you're in contact with him so I suggest you ask for the details of his Trustee in Bankruptcy who will now be managing his affairs. You can also do a bankruptcy search against his name at the land registry if he's uncooperative.

 

As for enforcement if he is not bankrupt, the only enforcement method not open to you by virtue of the amount of the debt (as far as I can remember at present) is, ironically, to make him bankrupt. I would suggest you consider obtaining a warrant of execution so that the bailiffs can take and sell his assets.

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Hi everyone,

Thanks for your help. Can I order a warrent of execution and send in the Bailiffs if the amount owed is below £600.

Joan

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Yes you can use county court bailiffs if what they owe is over £50. Has to owe more than £600 to transfer it up to use HCEO. I’d check out his BR status first to save throwing more money & no chance of getting it back. Seems a bit of a coincidence he stops paying just as the outstanding amount drops below the level that you can’t use HCEO as they are the only bailiffs who can force entry into business premises.

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To issue a Warrant of Execution will cost you £100 and there is no guarantee that when the County Court Bailiff attends that he will be able to get a suitable solution. It may help to obtain an order to gain information http://hmctsformfinder.bl.justice.gov.uk/courtfinder/forms/ex324_0309.pdf

 

PT

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